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LJN NewslettersNewsSectionsThe Matrimonial Strategist

How 'Bout Those Broncos!

BY Laurence J. Cutler
May 28, 2008

Suppose a husband in a pending divorce action is a big football fan and has four season tickets to the New York Giants. He waited over 20 years on the waiting list to have access to these tickets. Now that his time has come, he finally has the right to buy tickets every year to see his favorite team play. However, he is also in the midst of a bitterly contested divorce, and these tickets are now at issue. In terms of equitable distribution of assets, season tickets lead to a number of questions: 1) Are season tickets subject to equitable distribution? 2) Are they divisible? 3) If so, how should they be valued?

Season Tickets

Season tickets, in common parlance, and as will be used herein, are not really the tickets themselves, but instead represent the right (or license) to purchase tickets for a particular team in a particular season. The rights to purchase season tickets are non-transferable. While the right in and of itself has no readily apparent monetary value, season tickets carry immense non-monetary value in that: 1) it is a 'use it or lose it' type right ' if you decide not to buy tickets one season, you lose the right to buy them the next season and forever thereafter; and 2) waiting lists for many teams, including the New York Giants, are decades long.

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